FIFTH DUI: Toppenish man charged with felony DUI

Posted: 8:40pm on Nov 15, 2011; Modified: 8:43pm on Nov 15, 2011

YAKIMA — A repeat drunken driver from Toppenish who got his first DUI before he was old enough to drink legally has been charged with felony DUI.

Depending on his record, Dwayne Ray Jack faces anywhere from six months in jail to eight years in prison if convicted under a 2006 state law that makes four DUIs in 10 years or less a felony.

Jack, 27, was arrested Oct. 6 after a traffic stop in Toppenish. Police said he had a blood-alcohol level of .21 percent, about 2 1/2 times the legal limit to drive.

The case was initially referred to Toppenish Municipal Court, then refiled in Yakima County Superior Court, where he is scheduled for arraignment today, after prosecutors determined the arrest was Jack’s fifth DUI since he got his first in 2004 at the age of 20.

According to court records, Jack’s criminal record includes multiple traffic arrests for driving with a suspended license, speeding, obstruction and reckless driving.

Prior to 2006, repeat convictions for drunken driving were never worse than a gross misdemeanor, punishable by up to a year in jail.

In addition to four DUIs in 10 years or less, the new law also makes a DUI an automatic felony if the driver has been previously convicted of vehicular homicide or vehicular assault.

Jack remains in custody in the county jail in lieu of $25,000 bail.

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